HomeMy WebLinkAbout1/5/2005 - STAFF REPORTS (10) DATE: January 5, 2005
TO: City Council
FROM: Convention Center Project Administrator
CONVENTION CENTER CITY REPRESENTATIVE CONTRACT AMENDMENT
RECOMMENDATION:
It is recommended that City Council approve Amendment No. 2 to Contract Services
Agreement No. A4597, with Michael E. Fontana &Associates, extending the contract for an
additional ten (10) months and increasing the compensation.
SUMMARY:
This amendment would extend the current contract to match the expected completion and
closeout timing of the Convention Center Project. The amendment would also approve the
first increase in compensation since the original contract signing.
BACKGROUND:
Michael E. Fontana & Associates signed the original contract for Owner Representative
Services on the Convention Center on November 18, 2002. That contract was for the same
hourly and monthly amount as negotiated with Mr. Fontana a year previous forthe Downtown
Parking Structure Project; there has been no compensation increase sought in almost three
years and almost another year will run before this proposed increase would be effective. The
change in CPI since the beginning of Mr. Fontana's employment has been 8.17%
The current contract expires on March 1, 2005, which was the expected completion and
closeout date for the Convention Center Project. The restart authorized by the City Council
now has an expected completion date of September of 2005 with the need for closeout
assistance through December 2005.
The attached Amendment No.2 would increase the term to run through December 2005 and
it would also increase compensation as of March 1, 2005 (on the current expiration date).
The increase in the monthly rate, which would apply for March through October of 2005,
would go from $11,500 to $12,440. The increase in the hourly rate, which would apply for
the months of November and December with a maximum of 80 hours per month, would go
from$115 to$124. The total additional compensation necessary to have City Representative
services through project completion and closeout would be $94,480. Total compensation
increase over the additional ten months is $8,960 more than it would be without the raise in
pay. These additional dollars were taken into account when the City Council was recently
provided with a report showing that the Project Contingency was at just under$3 million.
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Page 2
A Minute Order approving the Amendment is attached for City Council consideration. The
funds are available orthisamendmentinaccount261-4283-50003,ConventionCenterBond
Proceeds ��))
Allen F. Smoot
Convention Center Project Administrator
AP PROVED � �g�s �
City Manager �
ATTACHMENTS: SS"
1. Minute Order,
2. Amendment No. 2
"P'A "� .
AMENDMENT NO. 2
AGREEMENT NO. A4597 - CONVENTION CENTER
CITY REPRESENTATIVE SERVICES
THIS SECOND AMENDMENT to Agreement No. A4597 for contract services, (herein
"Agreement") made and entered into on the day of ,2005, by and between the
CITY OF PALM SPRINGS (herein "City") and MICHAEL E. FONTANA & ASSOCIATES
(herein "Consultant') is hereby amended effective January 5, 2005, as follows:
Section 1. Section 2.0 Compensation is hereby amended by increasing the Maximum
Contract Amount to$349,080 which includes$10,000 for incidentals as allowed in Exhibit B
Section C.
Section 2. 5.0 Term is hereby amended by adding the following:
"Unless earlier terminated in accordance with Section 5.2 below,this Agreement for services
rendered in conjunction with Phase II Convention Center Expansion Project shall be
extended for an additional ten (10) months commencing on March1, 2005 and concluding
on December 31,2005. Such Term may be extended upon the mutual consent of the parties
hereto."
Section 3. Exhibit "B" Schedule of Compensation is hereby amended by adding the
following:
"D. Extended Construction/Closeout: Consultant shall work a minimum of 120 hours per
month and be compensated $12,440 per month for the period commencing March 1, 2005
through October 31, 2005. For the months of November and December 2005 Consultant
shall be compensated on an hourly basis for up to 80 hours per month at a rate of$124 per
hour. Total compensation for this Extended Construction/Closeout period shall not exceed
$94,480."
Section 4. Due Execution.The person(s)executing this Amendment on behalf of the parties
hereto warrant that(i) such party is duly organized and existing, (ii)they are duly authorized
to execute and deliver this Amendment on behalf of said party, (iii) by so executing this
Amendment, such party is formally bound to the provisions of the Amendment, and (iv) the
entering into this Amendment does not violate any other provision of any other agreement
to which said party is bound.
Section 5. Full Force and Effect. The parties further agree that, except as specifically
provided in this Amendment, the terms of the Agreement shall remain unchanged and in full
force and effect.
I
Page 2, Amendment No. 2, To Agreement No. A4597
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on
the Day of 2005.
"City"
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By;
City Clerk City Manager
REVIEWED AND APPROVED
City Attorney
"Consultant"
MICHAEL E. FONTANA & ASSOCIATES
Name:
Title:
r
MINUTE ORDER NO. ',f!
APPROVING AMENDMENT NO. 2 TO AGREEMENT NO. A4597,
WITH MICHAEL E. FONTANA&ASSOCIATES, INCREASING THE
TERM AND COMPENSATION RELATED TO THE CONVENTION
CENTER PROJECT CITY REPRESENTATIVE SERVICES.
I HEREBY CERTIFY that this Minute Order approving Amendment No. 2 to Agreement No.
A4597,with Michael E. Fontana&Associates, increasing the term and compensation related
to the Convention Center Project City Representative Services, was adopted by the City
Council of the City of Palm Springs, California in a meeting thereof held on the 5" day of
January 2005.
KATHIE HART
City Clerk
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